The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)
Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions
The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner
Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
Instapundit: America's IP Laws Need to be "Pruned Back"
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more
The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more
On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more
Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case - On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of...more
Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more
Focusing on the first prong of the minimum contacts test (whether the foreign defendant purposefully directed its activities at the United States) the US Court of Appeals for the Ninth Circuit reversed a district court...more
Last month, the Court of Appeals for the Eleventh Circuit weighed in for the first time on the scienter requirement for copyright infringement under Section 1202(b) of the Digital Millennium Copyright Act or “DMCA.” In Victor...more
Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more
Clients should be aware of a troubling trend: phishing emails disguised as legitimate DMCA Takedown Notices. Recipients of legitimate DMCA Takedown Notices will either (a) shield themselves from copyright infringement...more
The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles...more
Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the...more
The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more
On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more
This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not...more
All companies that conduct business online should take note of a potential upcoming renewal deadline for the “safe harbor” from copyright infringement liability. Online service providers seeking safe harbor under 17 U.S.C. §...more
Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more
We are only three months away from the December 31, 2017 deadline for websites and other online service providers to redesignate their DMCA agents under the U.S. Copyright Office’s new online registration system. This is an...more
Action Item: This alert provides an overview of important new changes to the Digital Millennium Copyright Act (“DMCA”) portion of U.S. copyright law that impact online service providers (“OSPs)—including countless websites,...more
The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet...more
Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more
A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more
On March 14, 2017, the Consumer Review Fairness Act (CRFA) will officially invalidate a whole bunch of consumer contract clauses that pertain to online reviews....more
The U.S. Copyright Office announced a new online system to designate copyright agents for online service providers under the Digital Millennium Copyright Act (DMCA). The online designation system replaces the former paper...more
On Oct. 26, the Copyright Office published a notice of its final rule governing how online service providers must designate their "agent" for infringement notifications pursuant to the Digital Millennium Copyright Act, 17...more